Rocedure in Regional Trial Courts

8/13/2019 Rocedure in Regional Trial Courts

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ROCEDURE IN REGIONAL TRIAL COURTS[Rules 6 to 39]

RULE 6KINDS OF PLEADINGS

Section 1. Pleadings defined.

Pleadings are the written statements of the respective claims and defenses of the parties submitted to

the court for appropriate judgment.Sec. 2. Pleadings allowed.

The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.) party

complaint, or complaint-in-intervention.The defenses of a party are alleged in the answer to the pleading asserting a claim against him.

An answer may be responded to by a reply.Sec. 3. Complaint.

The complaint is the pleading alleging the plaintiff's cause or causes of action. The names and

residences of the plaintiff and defendant must be stated in the complaint.Sec. 4. Answer.

An answer is a pleading in which a defending party sets forth his defenses.Sec. 5. Defenses.

Defenses may either be negative or affirmative.(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of theclaimant essential to his cause or causes of action.(b) An affirmative defense is an allegation of a new matter which, while hypothetically admitting the

material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by

him. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute

of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of

confession and avoidance.Sec. 6. Counterclaim.

A counterclaim is any claim which a defending party may have against an opposing party. Sec. 7. Compulsory counterclaim.

A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out

of or is connected with the transaction or occurrence constituting the subject matter of the opposing

party's claim and does not require for its adjudication the presence of third parties of whom the court

cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the court both as to


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the amount and the nature thereof, except that in an original action before the Regional Trial Court,

the counterclaim may be considered compulsory regardless of the amount.Sec. 8. Cross-claim.

A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence

that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim

may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant

for all or part of a claim asserted in the action against the cross-claimant. Sec. 9. Counter-counterclaims and counter-cross-claims.

A counterclaim may be asserted against an original counter-claimant.A cross-claim may also be filed against an original cross-claimant.Sec. 10. Reply.

A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of

new matters alleged by way of defense in the answer and thereby join or make issue as to such newmatters. If a party does not file such reply, all the new matters alleged in the answer are deemed

controverted.If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims

shall be set forth in an amended or supplemental complaint.Sec. 11. Third, (fourth, etc.) party complaint.

A third (fourth, etc.) party complaint is a claim that a defending party may, with leave of court, file

against a person not a party to the action, called the third (fourth, etc.) party defendant, for

contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim.Sec. 12. Bringing new parties.

When the presence of parties other than those to the original action is required for the granting of

complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be

brought in as defendants, if jurisdiction over them can be obtained.Sec. 13. Answer to third (fourth, etc.) party complaint.

A third (fourth, etc.) party defendant may allege in his answer his defenses, counterclaims or cross-

claims, including such defenses that the third (fourth, etc.) party plaintiff may have against the

original plaintiff's claim. In proper cases, he may also assert a counterclaim against the original

plaintiff in respect of the latter's claim against the third-party plaintiff.


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RULE 7PARTS OF A PLEADING

Section 1. Caption.

The caption sets forth the name of the court, the title of the action, and the docket number if

assigned.The title of the action indicates the names of the parties. They shall all be named in the original

complaint or petition; but in subsequent pleadings, it shall be sufficient if the name of the first party

on each side be stated with an appropriate indication when there are other parties.Their respective participation in the case shall be indicated.Sec. 2. The body.

The body of the pleading sets forth its designation, the allegations of the party's claims or defenses,

the relief prayed for, and the date of the pleading.(a) Paragraphs. - The allegations in the body of a pleading shall be divided into paragraphs so

numbered as to be readily identified, each of which shall contain a statement of a single set of

circumstances so far as that can be done with convenience. A paragraph may be referred to by itsnumber in all succeeding pleadings.(b) Headings. - When two or more causes of action are joined, the statement of the first shall be

prefaced by the words "first cause of action," of the second by "second cause of action," and so on for

the others.When one or more paragraphs in the answer are addressed to one of several causes of action in the

complaint, they shall be prefaced by the words "answer to the first cause of action" or "answer to the

second cause of action" and so on; and when one or more paragraphs of the answer are addressed to

several causes of action, they shall be prefaced by words to that effect.(c) Relief. - The pleading shall specify the relief sought, but it may add a general prayer for such

further or other relief as may be deemed just or equitable.(d) Date. - Every pleading shall be dated.

Sec. 3. Signature and address.

Every pleading must be signed by the party or counsel representing him, stating in either case his

address which should not be a post office box.The signature of counsel constitutes a certificate by him that he has read the pleading; that to the best

of his knowledge, information, and belief there is good ground to support it; and that it is not

interposed for delay.An unsigned pleading produces no legal effect. However, the court may, in its discretion, allow such

deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not

intended for delay. Counsel who deliberately files an unsigned pleading, or signs a pleading in

violation of this Rule, or alleges scandalous or indecent matter therein, or fails to promptly report to

the court a change of his address, shall be subject to appropriate disciplinary action.Sec. 4. Verification.

Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified

or accompanied by affidavit.A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations

therein are true and correct of his knowledge and belief.


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A pleading required to be verified which contains a verification based on "information and belief," or

upon "knowledge, information and belief," or lacks a proper verification, shall be treated as an

unsigned pleading.Sec. 5. Certification against forum shopping.

The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading

asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed

therewith: (a) that he has not theretofore commenced any action or filed any claim involving the

same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such

other action or claim is pending therein; (b) if there is such other pending action or claim, a complete

statement of the present status thereof; and (c) if he should thereafter learn that the same or similar

action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to

the court wherein his aforesaid complaint or initiatory pleading has been filed.Failure to comply with the foregoing requirements shall not be curable by mere amendment of the

complaint or other initiatory pleading but shall be cause for the dismissal of the case without

prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false

certification or non-compliance with any of the undertakings therein shall constitute indirectcontempt of court, without prejudice to the corresponding administrative and criminal actions. If the

acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall

be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a

cause for administrative sanctions.

RULE 8MANNER OF MAKING ALLEGATIONS IN PLEADINGS

Section 1. In general.

Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of

the ultimate facts on which the party pleading relies for his claim or defense, as the case may be,

omitting the statement of mere evidentiary facts.If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him

shall be clearly and concisely stated.Sec. 2. Alternative causes of action or defenses.

A party may set forth two or more statements of a claim or defense alternatively or hypothetically,

either in one cause of action or defense or in separate causes of action or defenses. When two or

more statements are made in the alternative and one of them if made independently would be

sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative

statements.Sec. 3. Conditions precedent.

In any pleading a general averment of the performance or occurrence of all conditions precedent shall

be sufficient.


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Sec. 4. Capacity.

Facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in

a representative capacity or the legal existence of an organized association of persons that is made a

party, must be averred. A party desiring to raise an issue as to the legal existence of any party or the

capacity of any party to sue or be sued in a representative capacity, shall do so by specific denial,

which shall include such supporting particulars as are peculiarly within the pleader's knowledge.Sec. 5. Fraud, mistake, condition of the mind.

In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated

with particularity. Malice, intent, knowledge or other condition of the mind of a person may be

averred generally.Sec. 6. Judgment.

In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or

of a board or officer, it is sufficient to aver the judgment or decision without setting forth mattershowing jurisdiction to render it.Sec. 7. Action or defense based on document.

Whenever an action or defense is based upon a written instrument or document, the substance of

such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall

be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said

copy may with like effect be set forth in the pleading.Sec. 8. How to contest such documents.

When an action or defense is founded upon a written instrument, copied in or attached to the

corresponding pleading as provided in the preceding section, the genuineness and due execution of

the instrument shall be deemed admitted unless the adverse party, under oath, specifically denies

them, and sets forth what he claims to be the facts; but the requirement of an oath does not apply

when the adverse party does not appear to be a party to the instrument or when compliance with an

order for an inspection of the original instrument is refused.Sec. 9. Official document or act.

In pleading an official document or official act, it is sufficient to aver that the document was issued or

the act done in compliance with law.Sec. 10. Specific denial.

A defendant must specify each material allegation of fact the truth of which he does not admit and,

whenever practicable, shall set forth the substance of the matters upon which he relies to support his

denial. Where a defendant desires to deny only a part of an averment, he shall specify so much of it as

is true and material and shall deny only the remainder. Where a defendant is without knowledge or


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information sufficient to form a belief as to the truth of a material averment made in the complaint,

he shall so state, and this shall have the effect of a denial.Sec. 11. Allegations not specifically denied deemed admitted.

Material averment in the complaint, other than those as to the amount of unliquidated damages,

shall be deemed admitted when not specifically denied. Allegations of usury in a complaint to recover

usurious interest are deemed admitted if not denied under oath.Sec. 12. Striking out of pleading or matter contained therein.

Upon motion made by a party before responding to a pleading or, if no responsive pleading is

permitted by these Rules, upon motion made by a party within twenty (20) days after the service of

the pleading upon him, or upon the court's own initiative at any time, the court may order any

pleading to be stricken out or that any sham or false, redundant, immaterial, impertinent, or

scandalous matter be stricken out therefrom.

RULE 9EFFECT OF FAILURE TO PLEAD

Section 1. Defenses and objections not pleaded.

Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed

waived. However, when it appears from the pleadings or the evidence on record that the court has no

jurisdiction over the subject matter, that there is another action pending between the same parties

for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the

court shall dismiss the claim.Sec. 2. Compulsory counterclaim, or cross-claim, not set up barred.

A compulsory counterclaim, or a cross-claim, not set up shall be barred.Sec. 3. Default; declaration of.

If the defending party fails to answer within the time allowed therefor, the court shall, upon motion

of the claiming party with notice to the defending party, and proof of such failure, declare the

defending party in default. Thereupon, the court shall proceed to render judgment granting the

claimant such relief as his pleading may warrant, unless the court in its discretion requires the

claimant to submit evidence. Such reception of evidence may be delegated to the clerk of court.(a) Effect of order of default. - A party in default shall be entitled to notice of subsequent proceedings

but not to take part in the trial. (b) Relief from order of default. - A party declared in default may at any time after notice thereof and

before judgment file a motion under oath to set aside the order of default upon proper showing that

his failure to answer was due to fraud, accident, mistake or excusable negligence and that he has a

meritorious defense. In such case, the order of default may be set aside on such terms and conditions

as the judge may impose in the interest of justice.(c) Effect of partial default. - When a pleading asserting a claim states a common cause of action

against several defending parties, some of whom answer and the others fail to do so, the court shall


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try the case against all upon the answers thus filed and render judgment upon the evidence

presented.(d) Extent of relief to be awarded. - A judgment rendered against a party in default shall not exceed

the amount or be different in kind from that prayed for nor award unliquidated damages.(e) Where no defaults allowed. - If the defending party in an action for annulment or declaration of

nullity of marriage or for legal separation fails to answer, the court shall order the prosecuting

attorney to investigate whether or not a collusion between the parties exists, and if there is no

collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated.

RULE 10AMENDED AND SUPPLEMENTAL PLEADINGS

Section 1. Amendments in general.

Pleadings may be amended by adding or striking out an allegation or the name of any party, or by

correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in

any other respect, so that the actual merits of the controversy may speedily be determined, without

regard to technicalities, and in the most expeditious and inexpensive manner.Sec. 2. Amendments as a matter of right.

A party may amend his pleading once as a matter of right at any time before a responsive pleading is

served or, in the case of a reply, at any time within ten (l0) days after it is served.Sec. 3. Amendments by leave of court.

Except as provided in the next preceding section, substantial amendments may be made only upon

leave of court. But such leave may be refused if it appears to the court that the motion was made with

intent to delay. Orders of the court upon the matters provided in this section shall be made uponmotion filed in court, and after notice to the adverse party, and an opportunity to be heard. Sec. 4. Formal amendments.

A defect in the designation of the parties and other clearly clerical or typographical errors may be

summarily corrected by the court at any stage of the action, at its initiative or on motion, provided no

prejudice is caused thereby to the adverse party.Sec. 5. Amendment to conform to or authorize presentation of evidence.

When issues not raised by the pleadings are tried with the express or implied consent of the parties,

they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of

the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues

may be made upon motion of any party at any time, even after judgment; but failure to amend does

not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground

that it is not within the issues made by the pleadings, the court may allow the pleadings to be

amended and shall do so with liberality if the presentation of the merits of the action and the ends of

substantial justice will be subserved thereby. The court may grant a continuance to enable the

amendment to be made.


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Sec. 6. Supplemental pleadings.

Upon motion of a party the court may, upon reasonable notice and upon such terms as are just,

permit him to serve a supplemental pleading setting forth transactions, occurrences or events which

have happened since the date of the pleading sought to be supplemented. The adverse party may

plead thereto within ten (10) days from notice of the order admitting the supplemental pleading.Sec. 7. Filing of amended pleadings.

When any pleading is amended, a new copy of the entire pleading, incorporating the amendments,

which shall be indicated by appropriate marks, shall be filed.Sec. 8. Effect of amended pleadings.

An amended pleading supersedes the pleading that it amends. However, admissions in superseded

pleadings may be received in evidence against the pleader; and claims or defenses alleged therein not

incorporated in the amended pleading shall be deemed waived.

RULE 11WHEN TO FILE RESPONSIVE PLEADINGS

Section 1. Answer to the complaint.

The defendant shall file his answer to the complaint within fifteen (l5) days after service of summons,

unless a different period is fixed by the court.Sec. 2. Answer of a defendant foreign private juridical entity.

Where the defendant is a foreign private juridical entity and service of summons is made on the

government official designated by law to receive the same, the answer shall be filed within thirty (30)days after receipt of summons by such entity. Sec. 3. Answer to amended complaint.

Where the plaintiff files an amended complaint as a matter of right, the defendant shall answer the

same within fifteen (l5) days after being served with a copy thereof.Where its filing is not a matter of right, the defendant shall answer the amended complaint within ten

(10) days from notice of the order admitting the same. An answer earlier filed may serve as the

answer to the amended complaint if no new answer is filed.This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third

(fourth, etc.) party complaint, and amended complaint-in-intervention.Sec. 4. Answer to counterclaim or cross-claim.

A counterclaim or cross-claim must be answered within ten (l0) days from service.Sec. 5. Answer to third (fourth, etc.)- party complaint.


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The time to answer a third (fourth, etc.)- party complaint shall be governed by the same rule as the

answer to the complaint.Sec. 6. Reply.

A reply may be filed within ten (l0) days from service of the pleading responded to.Sec. 7. Answer to supplemental complaint.

A supplemental complaint may be answered within ten (10) days from notice of the order admitting

the same, unless a different period is fixed by the court. The answer to the complaint shall serve as

the answer to the supplemental complaint if no new or supplemental answer is filed.Sec. 8. Existing counterclaim or cross-claim.

A compulsory counterclaim or a cross-claim that a defending party has at the time he files his answer

shall be contained therein.Sec. 9. Counterclaim or cross-claim arising after answer.

A counterclaim or a cross-claim which either matured or was acquired by a party after serving his

pleading may, with the permission of the court, be presented as a counterclaim or a cross-claim by

supplemental pleading before judgment.Sec. 10. Omitted counterclaim or cross-claim.

When a pleader fails to set up a counterclaim or a cross-claim through oversight, inadvertence, or

excusable neglect, or when justice requires, he may, by leave of court, set up the counterclaim or

cross-claim by amendment before judgment.

Sec. 11. Extension of time to plead.

Upon motion and on such terms as may be just, the court may extend the time to plead provided in

these Rules.The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed

by these Rules.

RULE 12BILL OF PARTICULARS

Section 1. When applied for; purpose.

Before responding to a pleading, a party may move for a definite statement or for a bill of particulars

of any matter which is not averred with sufficient definiteness or particularity to enable him properly

to prepare his responsive pleading. If the pleading is a reply, the motion must be filed within ten (10)

days from service thereof. Such motion shall point out the defects complained of, the paragraphs

wherein they are contained, and the details desired.


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Sec. 2. Action by the court.

Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the

court which may either deny or grant it outright, or allow the parties the opportunity to be heard.Sec. 3. Compliance with order.

If the motion is granted, either in whole or in part, the compliance therewith must be effected within

ten (l0) days from notice of the order, unless a different period is fixed by the court. The bill of

particulars or a more definite statement ordered by the court may be filed either in a separate or in an

amended pleading, serving a copy thereof on the adverse party.Sec. 4. Effect of non-compliance.

If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the

striking out of the pleading or the portions thereof to which the order was directed or make such

other order as it deems just.Sec. 5. Stay of period to file responsive pleading.

After service of the bill of particulars or of a more definite pleading, or after notice of denial of his

motion, the moving party may file his responsive pleading within the period to which he was entitled

at the time of filing his motion, which shall not be less than five (5) days in any event. Sec. 6. Bill a part of pleading.

A bill of particulars becomes part of the pleading for which it is intended.

RULE 13FILING AND SERVICE OF PLEADINGS,

JUDGMENTS AND OTHER PAPERSSection 1. Coverage.

This Rule shall govern the filing of all pleadings and other papers, as well as the service thereof, except

those for which a different mode of service is prescribed.Sec. 2. Filing and service, defined.

Filing is the act of presenting the pleading or other paper to the clerk of court.Service is the act of providing a party with a copy of the pleading or paper concerned. If any party has

appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service

upon the party himself is ordered by the court. Where one counsel appears for several parties, he

shall only be entitled to one copy of any paper served upon him by the opposite side.


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Sec. 3. Manner of filing.

The filing of pleadings, appearances, motions, notices, orders, judgments and all other papers shall be

made by presenting the original copies thereof, plainly indicated as such, personally to the clerk of

court or by sending them by registered mail. In the first case, the clerk of court shall endorse on the

pleading the date and hour of filing. In the second case, the date of the mailing of motions, pleadings,

or any other papers or payments or deposits, as shown by the post office stamp on the envelope or

the registry receipt, shall be considered as the date of their filing, payment, or deposit in court. The

envelope shall be attached to the record of the case.Sec. 4. Papers required to be filed and served.

Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice,

appearance, demand, offer of judgment or similar papers shall be filed with the court, and served

upon the parties affected.Sec. 5. Modes of service.

Service of pleadings, motions, notices, orders, judgments and other papers shall be made either

personally or by mail.Sec. 6. Personal service.

Service of the papers may be made by delivering personally a copy to the party or his counsel, or by

leaving it in his office with his clerk or with a person having charge thereof. If no person is found in his

office, or his office is not known, or he has no office, then by leaving the copy, between the hours of

eight in the morning and six in the evening, at the party's or counsel's residence, if known, with a

person of sufficient age and discretion then residing therein.Sec. 7. Service by mail.

Service by registered mail shall be made by depositing the copy in the office, in a sealed envelope,

plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if

known, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the

sender after ten (l0) days if undelivered. If no registry service is available in the locality of either the

sender or the addressee, service may be done by ordinary mail.Sec. 8. Substituted service.

If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under

the two preceding sections, the office and place of residence of the party or his counsel being

unknown, service may be made by delivering the copy to the clerk of court, with proof of failure of

both personal service and service by mail. The service is complete at the time of such delivery.Sec. 9. Service of judgments, final orders or resolutions.

Judgments, final orders or resolutions shall be served either personally or by registered mail. When a

party summoned by publication has failed to appear in the action, judgments, final orders or


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resolutions against him shall be served upon him also by publication at the expense of the prevailing

party.Sec. 10. Completeness of service.

Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the

expiration of ten (10) days after mailing, unless the court otherwise provides. Service by registered

mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received

the first notice of the postmaster, whichever date is earlier.Sec. 11. Priorities in modes of service and filing.

Whenever practicable, the service and filing of pleadings and other papers shall be done personally.

Except with respect to papers emanating from the court, a resort to other modes must be

accompanied by a written explanation why the service or filing was not done personally. A violation

of this Rule may be cause to consider the paper as not filed.Sec. 12. Proof of filing.

The filing of a pleading or paper shall be proved by its existence in the record of the case. If it is not in

the record, but is claimed to have been filed personally, the filing shall be proved by the written or

stamped acknowledgment of its filing by the clerk of court on a copy of the same; if filed by registered

mail, by the registry receipt and by the affidavit of the person who did the mailing, containing a full

statement of the date and place of depositing the mail in the post office in a sealed envelope

addressed to the court, with postage fully prepaid, and with instructions to the postmaster to return

the mail to the sender after ten (10) days if not delivered.Sec. 13. Proof of service.

Proof of personal service shall consist of a written admission of the party served, or the official return

of the server, or the affidavit of the party serving, containing a full statement of the date, place and

manner of service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the

person mailing of facts showing compliance with section 7 of this Rule. If service is made by registered

mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The

registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the

unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to

the addressee.Sec. 14. Notice of lis pendens.

In an action affecting the title or the right of possession of real property, the plaintiff and the

defendant, when affirmative relief is claimed in his answer, may record in the office of the registry of

deeds of the province in which the property is situated a notice of the pendency of the action. Said

notice shall contain the names of the parties and the object of the action or defense, and a description

of the property in that province affected thereby. Only from the time of filing such notice for record

shall a purchaser, or encumbrancer of the property affected thereby, be deemed to have constructive

notice of the pendency of the action, and only of its pendency against the parties designated by their

real names.


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The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court, after

proper showing that the notice is for the purpose of molesting the adverse party, or that it is not

necessary to protect the rights of the party who caused it to be recorded.

RULE 14SUMMONS

Section 1. Clerk to issue summons.

Upon the filing of the complaint and the payment of the requisite legal fees, the clerk of court shall

forthwith issue the corresponding summons to the defendants. Sec. 2. Contents.

The summons shall be directed to the defendant, signed by the clerk of court under seal, and contain:(a) the name of the court and the names of the parties to the action;

(b) a direction that the defendant answer within the time fixed by these Rules;

(c) a notice that unless the defendant so answers, plaintiff will take judgment by default and may be

granted the relief applied for.A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to

the original and each copy of the summons.Sec. 3. By whom served.

The summons may be served by the sheriff, his deputy, or other proper court officer, or for justifiable

reasons by any suitable person authorized by the court issuing the summons.Sec. 4. Return.

When the service has been completed, the server shall, within five (5) days therefrom, serve a copy of

the return, personally or by registered mail, to the plaintiff's counsel, and shall return the summons to

the clerk who issued it, accompanied by proof of service.Sec. 5. Issuance of alias summons.

If a summons is returned without being served on any or all of the defendants, the server shall also

serve a copy of the return on the plaintiff's counsel, stating the reasons for the failure of service,

within five (5) days therefrom. In such a case, or if the summons has been lost, the clerk, on demand

of the plaintiff, may issue an alias summons.Sec. 6. Service in person on defendant.

Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in

person, or, if he refuses to receive and sign for it, by tendering it to him.


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Sec. 7. Substituted service.

If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in the

preceding section, service may be effected (a) by leaving copies of the summons at the defendant's

residence with some person of suitable age and discretion then residing therein, or (b) by leaving the

copies at defendant's office or regular place of business with some competent person in charge

thereof.Sec. 8. Service upon entity without juridical personality.

When persons associated in an entity without juridical personality are sued under the name by which

they are generally or commonly known, service may be effected upon all the defendants by serving

upon any one of them, or upon the person in charge of the office or place of business maintained in

such name. But such service shall not bind individually any person whose connection with the entity

has, upon due notice, been severed before the action was brought.Sec. 9. Service upon prisoners.

When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him by

the officer having the management of such jail or institution who is deemed deputized as a special

sheriff for said purpose.Sec. 10. Service upon minors and incompetents.

When the defendant is a minor, insane or otherwise an incompetent, service shall be made upon him

personally and on his legal guardian if he has one, or if none, upon his guardian ad litem whose

appointment shall be applied for by the plaintiff. In the case of a minor, service may also be made on

his father or mother.Sec. 11. Service upon domestic private juridical entity.

When the defendant is a corporation, partnership or association organized under the laws of the

Philippines with a juridical personality, service may be made on the president, managing partner,

general manager, corporate secretary, treasurer, or in-house counsel.Sec. 12. Service upon foreign private juridical entity.

When the defendant is a foreign private juridical entity which has transacted business in the

Philippines, service may be made on its resident agent designated in accordance with law for that

purpose, or, if there be no such agent, on the government official designated by law to that effect, or

on any of its officers or agents within the Philippines.Sec. 13. Service upon public corporations.

When the defendant is the Republic of the Philippines, service may be effected on the Solicitor

General; in case of a province, city or municipality, or like public corporations, service may be effected

on its executive head, or on such other officer or officers as the law or the court may direct.


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Sec. 14. Service upon defendant whose identity or whereabouts are unknown.

In any action where the defendant is designated as an unknown owner, or the like, or whenever his

whereabouts are unknown and cannot be ascertained by diligent inquiry, service may, by leave of

court, be effected upon him by publication in a newspaper of general circulation and in such places

and for such time as the court may order.Sec. 15. Extraterritorial service.

When the defendant does not reside and is not found in the Philippines, and the action affects the

personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines,

in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief

demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the

property of the defendant has been attached within the Philippines, service may, by leave of court, be

effected out of the Philippines by personal service as under section 6; or by publication in a

newspaper of general circulation in such places and for such time as the court may order, in which

case a copy of the summons and order of the court shall be sent by registered mail to the last known

address of the defendant, or in any other manner the court may deem sufficient. Any order grantingsuch leave shall specify a reasonable time, which shall not be less than sixty (60) days after notice,

within which the defendant must answer.Sec. 16. Residents temporarily out of the Philippines.

When any action is commenced against a defendant who ordinarily resides within the Philippines, but

who is temporarily out of it, service may, by leave of court, be also effected out of the Philippines, as

under the preceding section.Sec. 17. Leave of court.

Any application to the court under this Rule for leave to effect service in any manner for which leave

of court is necessary shall be made by motion in writing, supported by affidavit of the plaintiff orsome person on his behalf, setting forth the grounds for the application.Sec. 18. Proof of service.

The proof of service of a summons shall be made in writing by the server and shall set forth the

manner, place, and date of service; shall specify any papers which have been served with the process

and the name of the person who received the same; and shall be sworn to when made by a person

other than a sheriff or his deputy.Sec. 19. Proof of service by publication.

If the service has been made by publication, service may be proved by the affidavit of the printer, his

foreman or principal clerk, or of the editor, business or advertising manager, to which affidavit a copy

of the publication shall be attached, and by an affidavit showing the deposit of a copy of the summons

and order for publication in the post office, postage prepaid, directed to the defendant by registered

mail to his last known address.Sec. 20. Voluntary appearance.

The defendant's voluntary appearance in the action shall be equivalent to service of summons. The

inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the

defendant shall not be deemed a voluntary appearance.


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RULE 15MOTIONS

Section 1. Motion defined.

A motion is an application for relief other than by a pleading.

Sec. 2. Motions must be in writing.

All motions shall be in writing except those made in open court or in the course of a hearing or trial.

Sec. 3. Contents.

A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if

required by these Rules or necessary to prove facts alleged therein, shall be accompanied by

supporting affidavits and other papers.

Sec. 4. Hearing of motion.

Except for motions which the court may act upon without prejudicing the rights of the adverse party,

every written motion shall be set for hearing by the applicant.

Every written motion required to be heard and the notice of the hearing thereof shall be served in

such a manner as to ensure its receipt by the other party at least three (3) days before the date ofhearing, unless the court for good cause sets the hearing on shorter notice.Sec. 5. Notice of hearing.

The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date

of the hearing which must not be later than ten (10) days after the filing of the motion.

Sec. 6. Proof of service necessary.

No written motion set for hearing shall be acted upon by the court without proof of service thereof.

Sec. 7. Motion day.

Except for motions requiring immediate action, all motions shall be scheduled for hearing on Fridayafternoons, or if Friday is a non-working day, in the afternoon of the next working day.

Sec. 8. Omnibus motion.

Subject to the provisions of section 1 of Rule 9, a motion attacking a pleading, order, judgment, or

proceeding shall include all objections then available, and all objections not so included shall be

deemed waived.

Sec. 9. Motion for leave.

A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought

to be admitted.

Sec. 10. Form.

The Rules applicable to pleadings shall apply to written motions so far as concerns caption,

designation, signature, and other matters of form.


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RULE 16MOTION TO DISMISS

Section 1. Grounds.

Within the time for but before filing the answer to the complaint or pleading asserting a claim, a

motion to dismiss may be made on any of the following grounds:

(a) That the court has no jurisdiction over the person of the defending party;

(b) That the court has no jurisdiction over the subject matter of the claim;(c) That venue is improperly laid;(d) That the plaintiff has no legal capacity to sue;(e) That there is another action pending between the same parties for the same cause; (f) That the cause of action is barred by a prior judgment or by the statute of limitations;(g) That the pleading asserting the claim states no cause of action; (h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or

otherwise extinguished;(i) That the claim on which the action is founded is unenforceable under the provisions of the statute

of frauds; and(j) That a condition precedent for filing the claim has not been complied with.Sec. 2. Hearing of motion.

At the hearing of the motion, the parties shall submit their arguments on the questions of law and

their evidence on the questions of fact involved except those not available at that time. Should the

case go to trial, the evidence presented during the hearing shall automatically be part of the evidence

of the party presenting the same.

Sec. 3. Resolution of motion.

After the hearing, the court may dismiss the action or claim, deny the motion, or order the

amendment of the pleading.

The court shall not defer the resolution of the motion for the reason that the ground relied upon isnot indubitable.In every case, the resolution shall state clearly and distinctly the reasons therefor.Sec. 4. Time to plead.

If the motion is denied, the movant shall file his answer within the balance of the period prescribed by

Rule 11 to which he was entitled at the time of serving his motion, but not less than five (5) days in

any event, computed from his receipt of the notice of the denial. If the pleading is ordered to be

amended, he shall file his answer within the period prescribed by Rule 11 counted from service of the

amended pleading, unless the court provides a longer period.

Sec. 5. Effect of dismissal.

Subject to the right of appeal, an order granting a motion to dismiss based on paragraphs (f), (h) and

(i) of section 1 hereof shall bar the refiling of the same action or claim.

Sec. 6. Pleading grounds as affirmative defenses.

If no motion to dismiss has been filed, any of the grounds for dismissal provided for in this Rule may

be pleaded as an affirmative defense in the answer and, in the discretion of the court, a preliminary

hearing may be had thereon as if a motion to dismiss had been filed.


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The dismissal of the complaint under this section shall be without prejudice to the prosecution in the

same or separate action of a counterclaim pleaded in the answer.

RULE 17DISMISSAL OF ACTIONS

Section 1. Dismissal upon notice by plaintiff.

A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service

of the answer or of a motion for summary judgment. Upon such notice being filed, the court shall

issue an order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is without

prejudice, except that a notice operates as an adjudication upon the merits when filed by a plaintiff

who has once dismissed in a competent court an action based on or including the same claim.

Sec. 2. Dismissal upon motion of plaintiff.

Except as provided in the preceding section, a complaint shall not be dismissed at the plaintiff's

instance save upon approval of the court and upon such terms and conditions as the court deems

proper. If a counterclaim has been pleaded by a defendant prior to the service upon him of the

plaintiff's motion for dismissal, the dismissal shall be limited to the complaint. The dismissal shall bewithout prejudice to the right of the defendant to prosecute his counterclaim in a separate action

unless within fifteen (15) days from notice of the motion he manifests his preference to have his

counterclaim resolved in the same action. Unless otherwise specified in the order, a dismissal under

this paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without

the approval of the court.

Sec. 3. Dismissal due to fault of plaintiff.

If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence

in chief on the complaint, or to prosecute his action for an unreasonable length of time, or to comply

with these Rules or any order of the court, the complaint may be dismissed upon motion of the

defendant or upon the court's own motion, without prejudice to the right of the defendant toprosecute his counterclaim in the same or in a separate action. This dismissal shall have the effect of

an adjudication upon the merits, unless otherwise declared by the court.

Sec. 4. Dismissal of counterclaim, cross-claim, or third-party complaint.

The provisions of this Rule shall apply to the dismissal of any counterclaim, cross-claim, or third-party

complaint. A voluntary dismissal by the claimant by notice as in section 1 of this Rule, shall be made

before a responsive pleading or a motion for summary judgment is served or, if there is none, before

the introduction of evidence at the trial or hearing.

RULE 18PRE-TRIAL

Section 1. When conducted.

After the last pleading has been served and filed, it shall be the duty of the plaintiff to promptly move

ex parte that the case be set for pre-trial.

Sec. 2. Nature and purpose.

The pre-trial is mandatory. The court shall consider:


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(a) The possibility of an amicable settlement or of a submission to alternative modes of dispute

resolution;

(b) The simplification of the issues;(c) The necessity or desirability of amendments to the pleadings;(d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid

unnecessary proof;(e) The limitation of the number of witnesses;(f) The advisability of a preliminary reference of issues to a commissioner;(g) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the

action should a valid ground therefor be found to exist;(h) The advisability or necessity of suspending the proceedings; and(i) Such other matters as may aid in the prompt disposition of the action.Sec. 3. Notice of pre-trial.

The notice of pre-trial shall be served on counsel, or on the party who has no counsel. The counsel

served with such notice is charged with the duty of notifying the party represented by him.

Sec. 4. Appearance of parties.It shall be the duty of the parties and their counsel to appear at the pre-trial. The non-appearance of a

party may be excused only if a valid cause is shown therefor or if a representative shall appear in his

behalf fully authorized in writing to enter into an amicable settlement, to submit to alternative modes

of dispute resolution, and to enter into stipulations or admissions of facts and of documents.

Sec. 5. Effect of failure to appear.

The failure of the plaintiff to appear when so required pursuant to the next preceding section shall be

cause for dismissal of the action. The dismissal shall be with prejudice, unless otherwise ordered by

the court. A similar failure on the part of the defendant shall be cause to allow the plaintiff to present

his evidence ex parte and the court to render judgment on the basis thereof.

Sec. 6. Pre-trial brief.

The parties shall file with the court and serve on the adverse party, in such manner as shall ensure

their receipt thereof at least three (3) days before the date of the pre-trial, their respective pre-trial

briefs which shall contain, among others:

(a) A statement of their willingness to enter into amicable settlement or alternative modes of dispute

resolution, indicating the desired terms thereof;

(b) A summary of admitted facts and proposed stipulation of facts; (c) The issues to be tried or resolved;(d) The documents or exhibits to be presented, stating the purpose thereof;(e) A manifestation of their having availed or their intention to avail themselves of discovery

procedures or referral to commissioners; and(f) The number and names of the witnesses, and the substance of their respective testimonies.

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.

Sec. 7. Record of pre-trial.

The proceedings in the pre-trial shall be recorded. Upon the termination thereof, the court shall issue

an order which shall recite in detail the matters taken up in the conference, the action taken thereon,

the amendments allowed to the pleadings, and the agreements or admissions made by the parties as


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to any of the matters considered. Should the action proceed to trial, the order shall explicitly define

and limit the issues to be tried. The contents of the order shall control the subsequent course of the

action, unless modified before trial to prevent manifest injustice.

RULE 19INTERVENTION

Section 1. Who may intervene.

A person who has a legal interest in the matter in litigation, or in the success of either of the parties,

or an interest against both, or is so situated as to be adversely affected by a distribution or other

disposition of property in the custody of the court or of an officer thereof may, with leave of court, be

allowed to intervene in the action. The court shall consider whether or not the intervention will

unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the

intervenor's rights may be fully protected in a separate proceeding.

Sec. 2. Time to intervene.

The motion to intervene may be filed at any time before rendition of judgment by the trial court. A

copy of the pleading-in-intervention shall be attached to the motion and served on the originalparties.

Sec. 3. Pleadings-in-intervention.

The intervenor shall file a complaint-in-intervention if he asserts a claim against either or all of the

original parties, or an answer-in-intervention if he unites with the defending party in resisting a claim

against the latter.

Sec. 4. Answer to complaint-in-intervention.

The answer to the complaint-in -intervention shall be filed within fifteen (15) days from notice of the

order admitting the same, unless a different period is fixed by the court.

RULE 20CALENDAR OF CASES

Section 1. Calendar of cases.

The clerk of court, under the direct supervision of the judge, shall keep a calendar of cases for pre-

trial, for trial, those whose trials were adjourned or postponed, and those with motions to set for

hearing. Preference shall be given to habeas corpus cases, election cases, special civil actions, and

those so required by law.

Sec. 2. Assignment of cases.

The assignment of cases to the different branches of a court shall be done exclusively by raffle. The

assignment shall be done in open session of which adequate notice shall be given so as to afford

interested parties the opportunity to be present.


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RULE 21SUBPOENA

Section 1. Subpoena and subpoena duces tecum.

Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or the

trial of an action, or at any investigation conducted by competent authority, or for the taking of his

deposition. It may also require him to bring with him any books, documents, or other things under his

control, in which case it is called a subpoena duces tecum.

Sec. 2. By whom issued.

The subpoena may be issued by:

a) the court before whom the witness is required to attend;

b) the court of the place where the deposition is to be taken; c) the officer or body authorized by law to do so in connection with investigations conducted by said

officer or body; ord) any Justice of the Supreme Court or of the Court of Appeals in any case or investigation pending

within the Philippines.

When application for a subpoena to a prisoner is made, the judge or officer shall examine and studycarefully such application to determine whether the same is made for a valid purpose.

No prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in any

penal institution shall be brought outside the said penal institution for appearance or attendance in

any court unless authorized by the Supreme Court.Sec. 3. Form and contents.

A subpoena shall state the name of the court and the title of the action or investigation, shall be

directed to the person whose attendance is required, and in the case of a subpoena duces tecum, it

shall also contain a reasonable description of the books, documents or things demanded which must

appear to the court prima facie relevant.

Sec. 4. Quashing a subpoena.

The court may quash a subpoena duces tecum upon motion promptly made and, in any event, at or

before the time specified therein if it is unreasonable and oppressive, or the relevancy of the books,

documents or things does not appear, or if the person in whose behalf the subpoena is issued fails to

advance the reasonable cost of the production thereof.

The court may quash a subpoena ad testificandum on the ground that the witness is not bound

thereby. In either case, the subpoena may be quashed on the ground that the witness fees and

kilometrage allowed by these Rules were not tendered when the subpoena was served.Sec. 5. Subpoena for depositions.

Proof of service of a notice to take a deposition, as provided in sections 15 and 25 of Rule 23, shall

constitute sufficient authorization for the issuance of subpoenas for the persons named in said notice

by the clerk of the court of the place in which the deposition is to be taken. The clerk shall not,

however, issue a subpoena duces tecum to any such person without an order of the court.

Sec. 6. Service.

Service of a subpoena shall be made in the same manner as personal or substituted service of

summons. The original shall be exhibited and a copy thereof delivered to the person on whom it is

served, tendering to him the fees for one days attendance and the kilometrage allowed by these


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Rules, except that, when a subpoena is issued by or on behalf of the Republic of the Philippines or an

officer or agency thereof, the tender need not be made. The service must be made so as to allow the

witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is

duces tecum, the reasonable cost of producing the books, documents or things demanded shall also

be tendered.

Sec. 7. Personal appearance in court.

A person present in court before a judicial officer may be required to testify as if he were in

attendance upon a subpoena issued by such court or officer.

Sec. 8. Compelling attendance.

In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof of the

service thereof and of the failure of the witness, may issue a warrant to the sheriff of the province, or

his deputy, to arrest the witness and bring him before the court or officer where his attendance is

required, and the cost of such warrant and seizure of such witness shall be paid by the witness if the

court issuing it shall determine that his failure to answer the subpoena was willful and without just

excuse.

Sec. 9. Contempt.

Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a

contempt of the court from which the subpoena is issued. If the subpoena was not issued by a court,

the disobedience thereto shall be punished in accordance with the applicable law or Rule.

Sec. 10. Exceptions.

The provisions of sections 8 and 9 of this Rule shall not apply to a witness who resides more than one

hundred (100) kilometers from his residence to the place where he is to testify by the ordinary course

of travel, or to a detention prisoner if no permission of the court in which his case is pending was

obtained.

RULE 22COMPUTATION OF TIME

Section 1. How to compute time.

In computing any period of time prescribed or allowed by these Rules, or by order of the court, or by

any applicable statute, the day of the act or event from which the designated period of time begins to

run is to be excluded and the date of performance included. If the last day of the period, as thus

computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time

shall not run until the next working day.

Sec. 2. Effect of interruption.

Should an act be done which effectively interrupts the running of the period, the allowable period

after such interruption shall start to run on the day after notice of the cessation of the cause thereof.

The day of the act that caused the interruption shall be excluded in the computation of the period.


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RULE 23DEPOSITIONS PENDING ACTIONS

Section 1. Depositions pending action, when may be taken.

By leave of court after jurisdiction has been obtained over any defendant or over property which is

the subject of the action, or without such leave after an answer has been served, the testimony of any

person, whether a party or not, may be taken, at the instance of any party, by deposition upon oral

examination or written interrogatories. The attendance of witnesses may be compelled by the use of

a subpoena as provided in Rule 21. Depositions shall be taken only in accordance with these Rules.

The deposition of a person confined in prison may be taken only by leave of court on such terms as

the court prescribes.

Sec. 2. Scope of examination.

Unless otherwise ordered by the court as provided by section 16 or 18 of this Rule, the deponent may

be examined regarding any matter, not privileged, which is relevant to the subject of the pending

action, whether relating to the claim or defense of any other party, including the existence,

description, nature, custody, condition, and location of any books, documents, or other tangible

things and the identity and location of persons having knowledge of relevant facts.

Sec. 3. Examination and cross-examination.

Examination and cross-examination of deponents may proceed as permitted at the trial under

sections 3 to 18 of Rule 132.

Sec. 4. Use of depositions.

At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a

deposition, so far as admissible under the rules of evidence, may be used against any party who was

present or represented at the taking of the deposition or who had due notice thereof, in accordance

with any one of the following provisions:

(a) Any deposition may be used by any party for the purpose of contradicting or impeaching the

testimony of deponent as a witness;

(b) The deposition of a party or of any one who at the time of taking the deposition was an officer,

director, or managing agent of a public or private corporation, partnership, or association which is a

party may be used by an adverse party for any purpose;(c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if

the court finds: (1) that the witness is dead; or (2) that the witness resides at a distance more than

one hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines, unless it

appears that his absence was procured by the party offering the deposition; or (3) that the witness is

unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the party

offering the deposition has been unable to procure the attendance of the witness by subpoena; or (5)

upon application and notice, that such exceptional circumstances exist as to make it desirable, in the

interest of justice and with due regard to the importance of presenting the testimony of witnesses

orally in open court, to allow the deposition to be used; and(d) If only part of a deposition is offered in evidence by a party, the adverse party may require him to

introduce all of it which is relevant to the part introduced, and any party may introduce any other

parts.Sec. 5. Effect of substitution of parties.


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Substitution of parties does not affect the right to use depositions previously taken; and, when an

action has been dismissed and another action involving the same subject is afterward brought

between the same parties or their representatives or successors in interest, all depositions lawfully

taken and duly filed in the former action may be used in the latter as if originally taken therefor.

Sec. 6. Objections to admissibility.

Subject to the provisions of section 29 of this Rule, objection may be made at the trial or hearing to

receiving in evidence any deposition or part thereof for any reason which would require the exclusion

of the evidence if the witness were then present and testifying.

Sec. 7. Effect of taking depositions.

A party shall not be deemed to make a person his own witness for any purpose by taking his

deposition.

Sec. 8. Effect of using depositions.

The introduction in evidence of the deposition or any part thereof for any purpose other than that of

contradicting or impeaching the deponent makes the deponent the witness of the party introducing

the deposition, but this shall not apply to the use by an adverse party of a deposition as described inparagraph (b) of section 4 of this Rule.

Sec. 9. Rebutting deposition.

At the trial or hearing, any party may rebut any relevant evidence contained in a deposition whether

introduced by him or by any other party.

Sec. 10. Persons before whom depositions may be taken within the Philippines.

Within the Philippines, depositions may be taken before any judge, notary public, or the person

referred to in section 14 hereof.

Sec. 11. Persons before whom depositions may be taken in foreign countries.In a foreign state or country, depositions may be taken (a) on notice before a secretary of embassy or

legation, consul general, consul, vice-consul, or consular agent of the Republic of the Philippines; (b)

before such person or officer as may be appointed by commission or under letters rogatory; or (c) the

person referred to in section 14 hereof.

Sec. 12. Commission or letters rogatory.

A commission or letters rogatory shall be issued only when necessary or convenient, on application

and notice, and on such terms and with such direction as are just and appropriate. Officers may be

designated in notices or commissions either by name or descriptive title and letters rogatory may be

addressed to the appropriate judicial authority in the foreign country.

Sec. 13. Disqualification by interest.

No deposition shall be taken before a person who is a relative within the sixth degree of

consanguinity or affinity, or employee or counsel of any of the parties; or who is a relative within the

same degree, or employee of such counsel; or who is financially interested in the action.

Sec. 14. Stipulations regarding taking of depositions.


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If the parties so stipulate in writing, depositions may be taken before any person authorized to

administer oaths, at any time or place, in accordance with these Rules, and when so taken may be

used like other depositions.

Sec. 15. Deposition upon oral examination; notice; time and place.

A party desiring to take the deposition of any person upon oral examination shall give reasonable

notice in writing to every other party to the action. The notice shall state the time and place for taking

the deposition and the name and address of each person to be examined, if known, and if the name is

not known, a general description sufficient to identify him or the particular class or group to which he

belongs. On motion of any party upon whom the notice is served, the court may for cause shown

enlarge or shorten the time.

Sec. 16. Orders for the protection of parties and deponents.

After notice is served for taking a deposition by oral examination, upon motion seasonably made by

any party or by the person to be examined and for good cause shown, the court in which the action is

pending may make an order that the deposition shall not be taken, or that it may be taken only at

some designated place other than that stated in the notice, or that it may be taken only on written

interrogatories, or that certain matters shall not be inquired into, or that the scope of the examinationshall be held with no one present except the parties to the action and their officers or counsel, or that

after being sealed the deposition shall be opened only by order of the court, or that secret processes,

developments, or research need not be disclosed, or that the parties shall simultaneously file

specified documents or information enclosed in sealed envelopes to be opened as directed by the

court; or the court may make any other order which justice requires to protect the party or witness

from annoyance, embarrassment, or oppression.

Sec. 17. Record of examination; oath; objections.

The officer before whom the deposition is to be taken shall put the witness on oath and shall

personally, or by some one acting under his direction and in his presence, record the testimony of the

witness. The testimony shall be taken stenographically unless the parties agree otherwise. Allobjections made at the time of the examination to the qualifications of the officer taking the

deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party,

and any other objection to the proceedings, shall be noted by the officer upon the deposition.

Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral

examination, parties served with notice of taking a deposition may transmit written interrogatories to

the officers, who shall propound them to the witness and record the answers verbatim.

Sec. 18. Motion to terminate or limit examination.

At any time during the taking of the deposition, on motion or petition of any party or of the deponent

and upon a showing that the examination is being conducted in bad faith or in such manner as

unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is

pending or the Regional Trial Court of the place where the deposition is being taken may order the

officer conducting the examination to cease forthwith from taking the deposition, or may limit the

scope and manner of the taking of the deposition, as provided in section 16 of this Rule. If the order

made terminates the examination, it shall be resumed thereafter only upon the order of the court in

which the action is pending. Upon demand of the objecting party or deponent, the taking of the

deposition shall be suspended for the time necessary to make a notice for an order. In granting or

refusing such order, the court may impose upon either party or upon the witness the requirement to

pay such costs or expenses as the court may deem reasonable.


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Sec. 19. Submission to witness; changes; signing.

When the testimony is fully transcribed, the deposition shall be submitted to the witness for

examination and shall be read to or by him, unless such examination and reading are waived by the

witness and by the parties. Any changes in form or substance which the witness desires to make shall

be entered upon the deposition by the officer with a statement of the reasons given by the witness

for making them. The deposition shall then be signed by the witness, unless the parties by stipulation

waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not

signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the

illness or absence of the witness or the fact of the refusal to sign together with the reason given

therefor, if any, and the deposition may then be used as fully as though signed, unless on a motion to

suppress under section 29 (f) of this Rule, the court holds that the reasons given for the refusal to sign

require rejection of the deposition in whole or in part.

Sec. 20. Certification and filing by officer.

The officer shall certify on the deposition that the witness was duly sworn to by him and that the

deposition is a true record of the testimony given by the witness. He shall then securely seal the

deposition in an envelope indorsed with the title of the action and marked "Deposition of (here insertthe name of witness)" and shall promptly file it with the court in which the action is pending or send it

by registered mail to the clerk thereof for filing.

Sec. 21. Notice of filing.

The officer taking the deposition shall give prompt notice of its filing to all the parties.

Sec. 22. Furnishing copies.

Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any

party or to the deponent.

Sec. 23. Failure to attend of party giving notice.If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and

another attends in person or by counsel pursuant to the notice, the court may order the party giving

the notice to pay such other party the amount of the reasonable expenses incurred by him and his

counsel in so attending, including reasonable attorneys fees.

Sec. 24. Failure of party giving notice to serve subpoena.

If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon

him and the witness because of such failure does not attend, and if another party attends in person or

by counsel because he expects the deposition of that witness to be taken, the court may order the

party giving the notice to pay to such other party the amount of the reasonable expenses incurred by

him and his counsel in so attending, including reasonable attorneys fees.

Sec. 25. Deposition upon written interrogatories; service of notice and of interrogatories.

A party desiring to take the deposition of any person upon written interrogatories shall serve them

upon every other party with a notice stating the name and address of the person who is to answer

them and the name or descriptive title and address of the officer before whom the deposition is to be

taken. Within ten (10) days thereafter, a party so served may serve cross-interrogatories upon the

party proposing to take the deposition. Within five (5) days thereafter, the latter may serve re-direct

interrogatories upon a party who has served cross- interrogatories. Within three (3) days after being


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served with re-direct interrogatories, a party may serve recross-interrogatories upon the party

proposing to take the deposition.

Sec. 26. Officers to take responses and prepare record.

A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the

deposition to the officer designated in the notice, who shall proceed promptly, in the manner

provided by sections 17, 19 and 20 of this Rule, to take the testimony of the witness in response to the

interrogatories and to prepare, certify, and file or mail the deposition, attaching thereto the copy of

the notice and the interrogatories received by him.

Sec. 27. Notice of filing and furnishing copies.

When a deposition upon interrogatories is filed, the officer taking it shall promptly give notice thereof

to all the parties, and may furnish copies to them or to the deponent upon payment of reasonable

charges therefor.

Sec. 28. Orders for the protection of parties and deponents.

After the service of the interrogatories and prior to the taking of the testimony of the deponent, the

court in which the action is pending, on motion promptly made by a party or a deponent, and for goodcause shown, may make any order specified in sections 15, 16 and 18 of this Rule which is appropriate

and just or an order that the deposition shall not be taken before the officer designated in the notice

or that it shall not be taken except upon oral examination.

Sec. 29. Effects of errors and irregularities in depositions.(a) As to notice.- All errors and irregularities in the notice for taking a deposition are waived unless

written objection is promptly served upon the party giving the notice.

(b) As to disqualification of officer.- Objection to taking a deposition because of disqualification of the

officer before whom it is to be taken is waived unless made before the taking of the deposition begins

or as soon thereafter as the disqualification becomes known or could be discovered with reasonable

diligence.

(c) As to competency or relevancy of evidence.- Objections to the competency of a witness or the

competency, relevancy, or materiality of testimony are not waived by failure to make them before or

during the taking of the deposition, unless the ground of the objection is one which might have been

obviated or removed if presented at that time.(d) As to oral examination and other particulars.- Errors and irregularities occurring at the oral

examination in the manner of taking the deposition, in the form of the questions or answers, in the

oath or affirmation, or in the conduct of the parties and errors of any kind which might be obviated,

removed, or cured if promptly prosecuted, are waived unless reasonable objection thereto is made at

the taking of the deposition.(e) As to form of written interrogatories.- Objections to the form of written interrogatories submitted

under sections 25 and 26 of this Rule are waived unless served in writing upon the party propounding

them within the time allowed for serving succeeding cross or other interrogatories and within three

(3) days after service of the last interrogatories authorized.(f) As to manner of preparation.- Errors and irregularities in the manner in which the testimony is

transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or

otherwise dealt with by the officer under sections 17, 19, 20 and 26 of this Rule are waived unless a

motion to suppress the deposition or some part thereof is made with reasonable promptness after

such defect is, or with due diligence might have been, ascertained.


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RULE 24DEPOSITIONS BEFORE ACTION OR PENDING APPEAL.

Section 1. Depositions before action; petition.

A person who desires to perpetuate his own testimony or that of another person regarding any

matter that may be cognizable in any court of the Philippines, may file a verified petition in the court

of the place of the residence of any expected adverse party.

Sec. 2. Contents of petition.

The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner

expects to be a party to an action in a court of the Philippines but is presently unable to bring it or

cause it to be brought; (b) the subject matter of the expected action and his interest therein; (c) the

facts which he desires to establish by the proposed testimony and his reasons for desiring to

perpetuate it; (d) the names or a description of the persons he expects will be adverse parties and

their addresses so far as known; and (e) the names and addresses of the persons to be examined and

the substance of the testimony which he expects to elicit from each, and shall ask for an order

authorizing the petitioner to take the depositions of the persons to be examined named in the

petition for the purpose of perpetuating their testimony.

Sec. 3. Notice and service.

The petitioner shall serve a notice upon each person named in the petition as an expected adverse

party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time

and place named therein, for the order described in the petition. At least twenty (20) days before the

date of the hearing, the court shall cause notice thereof to be served on the parties and prospective

deponents in the manner provided for service of summons.

Sec. 4. Order and examination.

If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of

justice, it shall make an order designating or describing the persons whose deposition may be takenand specifying the subject matter of the examination and whether the depositions shall be taken

upon oral examination or written interrogatories. The depositions may then be taken in accordance

with Rule 23 before the hearing.

Sec. 5. Reference to court.

For the purpose of applying Rule 23 to depositions for perpetuating testimony, each reference therein

to the court in which the action is pending shall be deemed to refer to the court in which the petition

for such deposition was filed.

Sec. 6. Use of deposition.

If a deposition to perpetuate testimony is taken under this Rule, or if, although not so taken, it would

be admissible in evidence, it may be used in any action involving the same subject matter

subsequently brought in accordance with the provisions of sections 4 and 5 of Rule 23.

Sec. 7. Depositions pending appeal.

If an appeal has been taken from a judgment of a court, including the Court of Appeals in proper

cases, or before the taking of an appeal if the time therefor has not expired, the court in which the

judgment was rendered may allow the taking of depositions of witnesses to perpetuate their

testimony for use in the event of further proceedings in the said court. In such case the party who


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desires to perpetuate the testimony may make a motion in the said court for leave to take the

depositions, upon the same notice and service thereof as if the action was pending therein. The

motion shall state (a) the names and addresses of the persons to be examined and the substance of

the testimony which he expects to elicit from each; and (b) the reason for perpetuating their

testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or

delay of justice, it may make an order allowing the depositions to be taken, and thereupon the

depositions may be taken and used in the same manner and under the same conditions as are

prescribed in these Rules for depositions taken in pending actions.

RULE 25INTERROGATORIES TO PARTIES

Section 1. Interrogatories to parties; service thereof.

Under the same conditions specified in section 1 of Rule 23, any party desiring to elicit material and

relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to

be answered by the party served or, if the party served is a public or private corporation or a

partnership or association, by any officer thereof competent to testify in its behalf.

Sec. 2. Answer to interrogatories.

The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person

making them. The party upon whom the interrogatories have been served shall file and serve a copy

of the answers on the party submitting the interrogatories within fifteen (15) days after service

thereof, unless the court, on motion and for good cause shown, extends or shortens the time.

Sec. 3. Objections to interrogatories.

Objections to any interrogatories may be presented to the court within ten (10) days after service

thereof, with notice as in case of a motion; and answers shall be deferred until the objections are

resolved, which shall be at as early a time as is practicable.

Sec. 4. Number of interrogatories.

No party may, without leave of court, serve more than one set of interrogatories to be answered by

the same party.

Sec. 5. Scope and use of interrogatories.

Interrogatories may relate to any matters that can be inquired into under section 2 of Rule 23, and the

answers may be used for the same purposes provided in section 4 of the same Rule.

Sec. 6. Effect of failure to serve written interrogatories.

Unless thereafter allowed by the court for good cause shown and to prevent a failure of justice, a

party not served with written interrogatories may not be compelled by the adverse party to give

testimony in open court, or to give a deposition pending appeal.


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RULE 26ADMISSION BY ADVERSE PARTY

Section 1. Request for admission.

At any time after issues have been joined, a party may file and serve upon any other party a written

request for the admission by the latter of the genuineness of any material and relevant document

described in and exhibited with the request or of the truth of any material and relevant matter of fact

set forth in the request. Copies of the documents shall be delivered with the request unless copies

have already been furnished.

Sec. 2. Implied admission.

Each of the matters of which an admission is requested shall be deemed admitted unless, within a

period designated in the request, which shall not be less than fifteen (15) days after service thereof, or

within such further time as the court may allow on motion, the party to whom the request is directed

files and serves upon the party requesting the admission a sworn statement either denying specifically

the matters of which an admission is requested or setting forth in detail the reasons why he cannot

truthfully either admit or deny those matters.

Objections to any request for admission shall be submitted to the court by the party requested within

the period for and prior to the filing of his sworn statement as contemplated in the precedingparagraph and his compliance therewith

Documents

Rocedure in Regional Trial Courts